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Sunday, October 25, 2026

RETALIATION—E.D. Pa.: Nurse, criticized for tardiness when using FMLA leave to care for son, advances claims - VitalLaw.com

There was also a genuine dispute as to whether her termination was motivated by her FLSA claims related to unpaid time for changing into scrubs prior to work.

A former hospital OR nurse can move forward with her claims alleging FMLA and FLSA retaliation, as well as her FMLA interference and FLSA unpaid wages claims, ruled a federal district court in Pennsylvania. Denying the hospital’s motion for summary judgment, the court found genuine issues of material facts on all of the claims, including evidence that the employer considered the nurse’s use of FMLA leave as a negative factor in its decision to terminate her employment and its ongoing antagonism in the face of the nurse’s complaints about uncompensated changing time. As to her FMLA interference claim, the court determined that it was a jury’s responsibility to determine whether negative comments related to her leave discouraged her from taking leave (McBride v. Chestnut Hill Hospital, LLC, No. 20-4567 (E.D. Pa. Sept. 30, 2026)).

Caregiver responsibilities. Before arriving at work in the mornings, the nurse cared for her son with autism. Due to her son’s needs, it sometimes took extra time to get him ready for school, which would occasionally result in the nurse arriving for work a few minutes late.

Morning huddle. In October 2018, the employer hired a director of surgical services to whom the nurse began reporting. Shortly after she began reporting to the director, her arrival time became a subject of dispute. Much...



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